Decision 2009/750 - 2009/750/EC: Commission Decision of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements (notified under document C(2009) 7547) - Main contents

EN

Official Journal of the European Union

L 268/11

Directive 2004/52/EC requires the Commission to define the European Electronic Toll Service (EETS) in accordance with the procedure referred to in its Article 5(2).

A single contract with one EETS Provider should allow EETS Users to pay their tolls in all EETS domains of the European road network, in accordance with Article 3(1) of Directive 2004/52/EC by means, among others, of a single on-board equipment (OBE), which can be used on all EETS domains.

This decision covers the exchange of information between Member States, toll chargers, service providers and road users in view to ensure the correct declaration of tolls due within the context of EETS.

The introduction of EETS will entail the processing of personal data, which shall be carried out in strict accordance with relevant Community rules, as set out, inter alia, in Directive 95/46/EC of the European Parliament and of the Council (2) and Directive 2002/58/EC of the European Parliament and of the Council (3).

Toll Chargers have to give access to their EETS domain to EETS Providers on a non-discriminatory basis.

To ensure transparency and non-discriminatory access to EETS domains for all EETS Providers, Toll Chargers shall publish all the necessary information relative to access rights in an EETS domain statement.

The EETS is based on the principles of transparency and efficient and fair pricing.

A conciliation procedure has to be ensured in view to settle disputes between Toll Chargers and EETS Providers during contract negotiations and in their contractual relationships. National Conciliation Bodies should be consulted by Toll Chargers and EETS Providers in search of a dispute settlement relating to non-discriminatory access to EETS domains.

The efficient management of a fair and non-discriminatory access to EETS, including the avoidance of unnecessary administrative burden, requires close cooperation between the Member States' Conciliation Bodies (4) as regards the application of these Community rules, and as regards the handling of eventual appeals, notwithstanding the possibility of judicial review.

Toll Chargers may have different charging policies relative to different categories of users and/or vehicles and shall not discriminate between EETS Users, in the sense of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (the General Service Directive) (5).

EETS Users will pay no more toll than they would for the corresponding national/local toll.

For national or local purposes, Toll Chargers may keep or set up their specific national or local services, with manual, automatic or electronic systems. EETS is a complementary service to the national or local electronic toll services of the Member States for the payment of toll, but where Member States have toll systems, they shall take the necessary measures to increase the use of electronic toll systems and endeavour to ensure that at least 50 % of traffic flow in each toll...